Karnataka High Court
Ravi S/O. Ramappa Talwar vs The Divisional Controller on 2 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2405
MFA No. 101030 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.101030 OF 2017 (MV-I)
BETWEEN:
RAVI S/O. RAMAPPA TALWAR,
AGE: 23, OCC: AGRICULTURE AND COOLIE WORK,
R/O: KUMMUR VILLAGE, TQ: BYADGI,
NOW AT, 6TH CROSS, RAJARAJESHWARINAGAR,
RANEBENNUR, DIST: HAVERI.
...APPELLANT
(BY SRI. V.S. GADDAD, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER,
KSRTC HAVERI DIVISIONAL, HAVERI,
RETD. BY ITS DEPOT MANAGER, KSRTC,
RANEBENNUR DEPOT RANEBENNUR,
DIST: HAVERI.
(OWNER AND SELF INSURER OF THE
Digitally KSRTC BUS BEARING REG. NO. KA 27/F-265)
signed by
SAROJA
SAROJA HANGARAKI
HANGARAKI Date: ...RESPONDENT
2024.02.13
15:39:29
(BY SRI. S.C. BHUTI, ADVOCATE)
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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE
JUDGMENT AND AWARD DATED 05.10.2016 PASSED IN MVC
NO.806/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL, RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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MFA No. 101030 of 2017
JUDGMENT
Heard Shri. V. S. Gadad, learned counsel for the appellant
and Shri. S. C. Bhuti, learned counsel for the respondent.
2. Claimant is in appeal challenging the validity of
judgment and award passed in MVC No.806/2015 dated
05.10.2016 on the file of Additional Senior Civil Judge and
AMACT, Ranebennur.
3. Admitted facts which are utmost necessary for
disposal are as under:
3.1. Claimant met with a road traffic accident on
16.01.2015 at about 9.00 a.m., and suffered accidental
injuries.
4. Claim petition on contest came to be allowed in a
sum of Rs.2,69,700/-.
5. Shri. V. S. Gadad, learned counsel for the appellant
reiterating the grounds urged in the appeal memorandum
contended that the Tribunal has not taken the proper income
and disability factor and sought for enhancement of
compensation.
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6. He also contended that on the ground of loss of
amenities only Rs.7,000/- is awarded as it requires
enhancement. So also on the head of conveyance, diet, extra
nourishment.
7. He further contended that the claimant sustained
two fracture injuries and therefore, amount awarded on the
head of pain and suffering is on the lower side and sought for
enhancement of compensation.
8. Per contra, Shri. S. C. Bhuti, learned counsel for the
respondent - KSRTC supported the impugned judgment by
contending that the compensation awarded by the Tribunal is
just and proper.
9. In view of the rival contentions of the parties, this
Court perused the material on record meticulously.
10. On such perusal of material on record, the claimant
suffering the accidental injuries involving KSRTC Bus beraing
registration No.27/F-265 on 16.01.2015 at about 9.00 a.m.,
when he was proceeding on a motorcycle bearing Engine
No.JBZWDM85179 and Chassis No.MD2A14AZXDWM19301,
stands established a case by placing necessary evidence on
record.
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11. Driver of the KSRTC bus has been charge sheeted
and therefore, the liability is on the KSRTC.
12. However, in the absence of proper proof of income
the Tribunal has assessed the monthly income in a sum of
Rs.7,000/- whereas, as on the date of accident, for the
accidental injuries of the year 2015, the Tribunal ought to have
considered the income in a sum of Rs.8,000/- per month.
13. Taking note of the said aspect of the matter, the
claimant is entitled for enhanced compensation so also on the
head of loss of amenities, pain and suffering and on attendant
charges, the claimant has made out a case for enhancement of
compensation.
14. Instead of enhancing the amount on each and every
head, if a sum of Rs.50,000/- is enhanced over and above the
compensation amount awarded by the Tribunal, ends of justice
would be met.
15. Accordingly, the following order is passed:
ORDER
(i) Appeal is allowed.
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(ii) As against the sum of Rs.2,69,700/-
awarded by the Tribunal, the claimant would be
entitled to a sum of Rs.3,19,700/- with interest at
the rate of 7.5% per annum from the date of
petition till its realization.
(iii) KSRTC is granted four weeks time to
deposit the balance compensation amount.
Sd/-
JUDGE
SMM
